ARMY | BCMR | CY2010 | 20100028412
Application for correction of military records (with supporting documents provided, if any). The fact that the applicant provided documentation from his VA decision rating that shows his rating was increased from 20 to 100 percent for hearing loss is not sufficient evidence to conclude that he is entitled to the award of the Purple Heart. The VA decision does not provide evidence to show that his wounding was the result of hostile action.
ARMY | BCMR | CY2010 | 20100028417
The applicant requests, in effect, set aside and removal of the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 18 December 2006; the written reprimand and any allied documents (if they exist); and the relief-for-cause (RFC) DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) covering the period 1 July through 14 November 2006 from his official military personnel file (OMPF). He adds the report contains administrative...
ARMY | BCMR | CY2010 | 20100028420
BOARD DATE: 7 June 2011 DOCKET NUMBER: AR20100028420 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's infantry MOS and service with the 1st Battalion, 16th Infantry, in Vietnam are not in question. Notwithstanding his sincerity, the statement of support from LTC R*** was noted; however, it stated the applicant was a member of the reconnaissance platoon and served as an 11B in Vietnam, it did not state he participated in ground combat.
ARMY | BCMR | CY2010 | 20100028421
IN THE CASE OF: BOARD DATE: 14 June 2011 DOCKET NUMBER: AR20100028421 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. On 21 December 1993, the applicant's troop commander recommended the applicant be discharged for misconduct commission of a serious offense under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 14.
ARMY | BCMR | CY2010 | 20100028423
The applicant requests, in effect, correction of his record to show he changed his Survivor Benefit Plan (SBP) election to former spouse coverage or reinstatement of his former spouse's SBP coverage. Public Law 99-661, dated 14 November 1986, permitted divorce courts to order SBP coverage (without the members agreement) in those cases where the member was participating in the SBP or was still on active duty and had not yet made an SBP election. The law also permits the former spouse...
ARMY | BCMR | CY2010 | 20100028425
The applicant requests correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Good Conduct Medal and his marksmanship qualification badges. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Good Conduct Medal (1st Award) and Expert Marksmanship Qualification Badge with Rifle Bar (M-14) to his DD Form 214 and providing him with a corrected...
ARMY | BCMR | CY2010 | 20100028426
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Meritorious Unit Commendation and the Army Good Conduct Medal. _______ _ x _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2010 | 20100028428
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * two bronze service stars for his Vietnam Service Medal * Meritorious Unit Commendation * two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation * Bronze Star Medal 2. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2010 | 20100028429
Application for correction of military records (with supporting documents provided, if any). He also requests that aid station medical notes be corrected to read "Pt has been in enemy action involving .13 July 67." _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2010 | 20100028432
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests upgrade of his under other than honorable conditions discharge. Accordingly, on 20 July 1981 he was discharged for the good of the service - in lieu of trial by court-martial with an under other than honorable conditions discharge.
ARMY | BCMR | CY2010 | 20100028439
On 30 April 2008, the DVA granted the applicant a 10% evaluation for traumatic brain injury (TBI), continued his other evaluations, and deferred a second consideration for PTSD. The Army rates only conditions which are determined to be physically unfitting for further military service thereby compensating the individual for the loss of his or her military career. The applicant has not provided and the available evidence does not show that any of the applicant's medical conditions were...
ARMY | BCMR | CY2010 | 20100028450
There are no orders or other evidence in the applicant's military personnel records that show he was awarded the Combat Infantryman Badge. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), appendix V, states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted Soldiers who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2010 | 20100028451
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. Army Regulation 601-210, paragraph 4-5(b) states any applicant who was last separated or discharged from any Component of the Armed Forces for medical reasons with or without disability will require a waiver for enlistment into the Regular Army or Army Reserve. Evidence shows he was separated from active duty and...
ARMY | BCMR | CY2010 | 20100028453
The applicant's military records show he enlisted in the Regular Army, in pay grade E-1, on 31 March 1964, for 3 years. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 8. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: *...
ARMY | BCMR | CY2010 | 20100028455
General orders, dated 23 July 1968, show he received the Air Medal. The original citation from Vietnam and the letter provided by the applicant are accepted as sufficient evidence on which to add the Republic of Vietnam Gallantry Cross with Bronze Star to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Republic of Vietnam Gallantry Cross with Bronze Star, Republic of Vietnam Gallantry Cross...
ARMY | BCMR | CY2010 | 20100028456
A Retiree Account Statement effective 2 December 2009 shows the FSM's former spouse (the applicant) was receiving a portion of his retired pay and that he was paying SBP costs for spouse-only coverage for a spouse with a date of birth (DOB) of 21 May 1932. In view of the foregoing, it would be appropriate to correct the FSM's record to show the applicant submitted a request for a deemed election of former spouse SBP coverage within 1 year of their divorce and pay her the SBP annuity...
ARMY | BCMR | CY2010 | 20100028459
The applicant requests: * transfer the original disqualification for Good Conduct Medal memorandum, dated 5 July 2007, from the performance to the restricted section of his official military personnel file (OMPF) * removal of the duplicate disqualification for Good Conduct Medal memorandum, dated 5 July 2007, from his OMPF 2. It is unknown whether the applicant's commander referred the disqualification memorandum to the applicant according to Army Regulation 600-37. As a result, the Board...
ARMY | BCMR | CY2010 | 20100028465
Application for correction of military records (with supporting documents provided, if any). Evidence of record shows the applicant was temporarily promoted to SSG on 30 April 1969. Nevertheless, there is no evidence and he has not provided any to show that he was not paid as an E6 during the period he was temporarily promoted.
ARMY | BCMR | CY2010 | 20100028466
This form contains the following information: (1) item 29 (Explanation of "Yes" answer(s)), shows he/his: (a) had a right knee injury in 1992 and still suffered from mild right knee arthritis; (b) had right knee surgery in 1993 and 1995; (c) was allergic to honey and bee stings; (d) prostate cancer caused residual urinary incontinence; (e) high blood pressure controlled by medication; (f) was a patient in 2006 at the VAPHCS, Pittsburgh, PA for care of prostate cancer and a prostatectomy;...
ARMY | BCMR | CY2010 | 20100028468
IN THE CASE OF: BOARD DATE: 23 June 2011 DOCKET NUMBER: AR20100028468 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized punishment included a punitive discharge could submit a request for discharge for the good of the service at any time after court-martial charges were preferred. Commanders would ensure that an individual was not coerced into submitting a...
ARMY | BCMR | CY2010 | 20100028470
Item 12f (RECORD OF SERVICE: FOREIGN SERVICE) shows he completed 11 months and 25 days of foreign service; c. Item 13 (DECORATIONS, MEDALS, BADGES, CITATIONS, AND CAMPAIGN RIBBONS AWARDED OR AUTHORIZED) shows these awards: * Army Commendation Medal * Army Achievement Medal (4th Award) * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Korea Defense Service Medal * Noncommissioned Officer Professional Development Ribbon (2nd Award) * Army...
ARMY | BCMR | CY2010 | 20100028471
The official stated the applicant was promoted to captain by the TXARNG on 20 May 2010 per order number 145-1064, dated 25 May 2010. The advisory official also stated the applicant contends that he was eligible for promotion to captain on 22 April 2010. The applicant was not eligible for promotion to captain until 22 April 2010.
ARMY | BCMR | CY2010 | 20100028474
He provides: * an SSA SSN printout * his VA file number * a DA Form 31 (Request and Authority for Leave) * a DD Form 215 (Correction to DD Form 214) * his Certificate of Retirement * a letter from the VA informing him of the discrepancy in his SSN * four DD Forms 214 CONSIDERATION OF EVIDENCE: 1. The evidence of record shows the applicant used SSN 2xx-xx-xxx2 throughout his active military service. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete...
ARMY | BCMR | CY2010 | 20100028475
The applicant enlisted in the Regular Army (RA) on 2 April 1974, in the pay grade of E-1. Army Regulation 601-280 (Army Reenlistment Program), chapter 2, paragraph 2-24, states that a Soldier must not exceed the retention eligibility point by more than 29 days before expiration of contracted service (i.e., reenlistment or extension). The regulation in effect at the time of the applicant's discharge shows that the retention eligibility point for a Soldier serving in the pay grade of E-3 was...
ARMY | BCMR | CY2010 | 20100028479
IN THE CASE OF: BOARD DATE: 14 June 2011 DOCKET NUMBER: AR20100028479 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 91C while assigned to Company C, 25th Medical Battalion, in Vietnam from 11 December 1967 to 5 January 1968. He requests award of the CMB and he provided new evidence about an armored cavalry squadron in Vietnam.
ARMY | BCMR | CY2010 | 20100028482
On 10 March 2010, the applicant returned to his unit. Table 3-1 included a list of the RA RE codes: a. RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. The evidence of record shows the applicant was discharged on 31 March 2010, under the provisions of Army Regulation 635-200, chapter 11 and assigned an SPD code JGA and RE code of "3."
ARMY | BCMR | CY2010 | 20100028483
IN THE CASE OF: BOARD DATE: 2 June 2011 DOCKET NUMBER: AR20100028483 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant was awarded PMOS 62J on 26 May 1970 and he held this MOS through his separation date of 12 February 1971.
ARMY | BCMR | CY2010 | 20100028484
The applicant states: * The date of entry on his DD Form 214 is listed as 26 April 1953 which is two weeks after his separation date * His date of entry should be listed as 26 April 1951 based on the "Statement of Service for Pay Purposes" shown on the DD Form 214 3. Evidence shows the FSM was separated on 11 April 1953 after completing 1 year, 11 months, and 16 days. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of...
ARMY | BCMR | CY2010 | 20100028487
On 4 November 1981, he was released from active duty after the completion of his required active service with a general discharge under honorable conditions. It notes that an SPD code of "LBK" is the appropriate code when enlisted Soldiers are being involuntarily discharged upon completion of their required active service because they are ineligible for, barred from, or otherwise denied reenlistment at the time of separation. His SPD code LBK indicates he was involuntarily released from...
ARMY | BCMR | CY2010 | 20100028494
The applicant requests that she be issued a 15-year letter so that she may retire from the Army Reserve at age 60. The applicant also indicated on her election of options that she had at least 15 years of qualifying service with the last 6 years having been creditable Reserve service. Section 12731b states that a member of the Selected Reserve who no longer meets the qualification for membership in the Selected Reserve solely because the member is unfit because of physical disability pay,...
ARMY | BCMR | CY2010 | 20100028502
The applicant's military records show he enlisted in the Regular Army, in pay grade E-1, on 1 June 1959, for 3 years. On 23 January 1962, the applicant's unit commander recommended the applicant be eliminated from military service under the provisions of Army Regulation 635-208 (Personnel Separations - Discharge - Unfitness). Accordingly, he was discharged in pay grade E-1 on 17 May 1962, under the provisions of Army Regulation 635-208, with a general discharge.
ARMY | BCMR | CY2010 | 20100028504
The applicant requests correction of Section 4 of his DA Form 24 (Service Record). The applicant states his DA Form 24, section 4 (Chronological Record of Military Service), lines 18 through 20, are in error. This record documents his active duty service from 14 September 1956 through 13 September 1962, and shows no assignment to Vietnam.
ARMY | BCMR | CY2010 | 20100028505
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show he served 2 years of active military service. Army Regulation 635-5 (Separation Documents) states a DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service. Evidence of record shows he was properly and equitably discharged from the service for concealment of an arrest record in accordance with regulations in effect at the time.
ARMY | BCMR | CY2010 | 20100028508
Army Regulation 635-200 further states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Table 3-1 included a list of the RA RE codes: a. RE-1 applies to Soldiers completing their term of active service who are considered qualified to reenter the U.S. Army. The applicant requests her RE code be corrected to show RE-1.
ARMY | BCMR | CY2010 | 20100028510
The applicant's military records are not available to the Board for review. However, his DD Form 214 shows he was discharged on 29 August 1963 in accordance with Army Regulation 635-208 (Undesirable Habits or Traits of Character, Enlisted Men, Discharge), for unfitness, in pay grade E-1 with an under other than honorable conditions character of service. However, his record contains a copy of his DD Form 214 which shows he was discharged on 29 August 1963 under the provisions of Army...
ARMY | BCMR | CY2010 | 20100028511
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his Army Commendation Medal and combat spurs. Section VIII (Awards and Decorations) of his Enlisted Record Brief does not show award of the Army Commendation Medal and his official military personnel file (OMPF) does not contain orders awarding him the Army Commendation Medal. Soldiers serving with cavalry units are inducted into the Order of the Spur after successfully...
ARMY | BCMR | CY2010 | 20100028512
The applicant provides: * 11-page hand-written legal brief of additional information in support of his application with attached exhibits A, B, and C * 17-page hand-written brief of facts in support of his application * 3-page hand-written conclusion * audiogram, 1976 * DA Form 3082 (Statement of Medical Condition), 1979 * DA Form 3349 (Medical Condition Physical Profile Record), 1978 * DA Form 3647-1 (Clinical Record Cover Sheet), 1978 * DA Form 3949 (Controlled Substances Record), 1978 *...
ARMY | BCMR | CY2010 | 20100028515
The applicant requests correction of his records to show he retired from the Army instead of showing he received a bad conduct discharge (BCD). On 18 October 1993, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 3, as a result of duly reviewed and affirmed general court-martial conviction. However, there is no evidence in the available record showing he was addicted to drugs at the time of his discharge from the Army.
ARMY | BCMR | CY2010 | 20100028516
Application for correction of military records (with supporting documents provided, if any). The applicant requests items 4a (Grade, Rate, or Rank), 4b (Pay Grade), and 12i (Effective Date of Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 September 2010 be corrected. Records from DFAS show his pay grades as: * Pay grade E-3 from 11 August 2009 through 14 February 2010 * Pay grade E-4 from 15 February 2010 through 2 September...
ARMY | BCMR | CY2010 | 20100028517
The U.S. Army Physical Disability Agency approved the recommendation and the applicant was discharged due to physical disability with $51,364.80 in severance pay on 24 March 1998. On 6 January 2000, the applicant was granted a 20-percent disability rating by the VA for DDD effective 25 March 1999. The applicant has not provided sufficient evidence to show the evaluation and the rating rendered by the PEB was incorrect or that he should have received a higher disability rating at the time...
ARMY | BCMR | CY2010 | 20100028520
The applicant requests, through his Member of Congress: a. reconsideration of his earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Southwest Asia from September 1990 to April 1991; b. adding two awards of the Army Achievement Medal that were inadvertently deleted from his DD Form 214 during his original request; and c. as a new issue, award of the Overseas Service Ribbon and the Meritorious Unit Commendation. ...
ARMY | BCMR | CY2010 | 20100028521
With respect to correcting his NGB Form 22, paragraph 2-5, Army Regulation 15-185, the regulation under which this Board operates, states the Board will not consider any application if it determines that an applicant has not exhausted all administrative remedies available. The evidence shows he was awarded the Iraq Campaign Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period...
ARMY | BCMR | CY2010 | 20100028524
DOD Immediate Release Number 845-08, dated 6 October 2008, revised the Purple Heart eligibility criteria to allow for the award to prisoners of war who die in captivity. In view of the above, it would be appropriate to posthumously award the Purple Heart to the FSM for his death on 7 June 1942 while a prisoner of war. As a result, the Board recommends that all Department of the Army records of the FSM be corrected by posthumously awarding the Purple Heart to the FSM based on his death on 7...
ARMY | BCMR | CY2010 | 20100028532
The applicant requests consideration by a Department of the Army (DA) Special Selection Board (SSB) for promotion to captain (CPT). The advisory official recommended disapproval of the applicant's request and stated that his transfer to the IRR on 1 March 1994 was prior to the approval of the board; therefore, he was not promoted by the ARNG. Army Regulation 135-155 specifies that promotion reconsideration by a special selection board may only be based on erroneous non-consideration or...
ARMY | BCMR | CY2010 | 20100028533
The applicant's military records show he was inducted into the Army of the United States on 14 July 1966. Therefore, his DD Form 214 should be corrected to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 14 July 1966 through 1 July 1968; b. deleting from Item 24 of his DD Form 214 the Vietnam Service Medal; c. adding to Item...
ARMY | BCMR | CY2010 | 20100028535
The applicant requests correction of item 9c (Authority and Reason) of his DD Form 214 (Report of Separation from Active Duty) to show his discharge was based on medical issues. A Trainee Discharge Program (TDP) Counseling Form shows he was counseled by a noncommissioned officer (NCO) on three occasions during the period 5-7 May 1977. In this statement, the NCO stated the applicant was disrespectful and would not attempt to train.
ARMY | BCMR | CY2010 | 20100028537
The presumption is that the Army was correct in retiring the Soldier with 15 years of military service for a non-line of duty condition. Instead, he was separated under the non-duty related process for conditions that he clearly received while on active duty. c. Paragraph 8-9 states that a Soldier not on extended active duty, who is unfit because of physical disability: (1) May be permanently retired or have his or her name placed on the temporary disability retired list (TDRL), if he or...
ARMY | BCMR | CY2010 | 20100028538
The applicant requests correction of his record to show he was awarded the Combat Infantryman Badge (CIB). His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service) he was credited with service in Vietnam from 19 May 1969 through 16 July 1970; b. item 38 (Record of Assignments) he was assigned for duty in Vietnam with: * Company D, 1st Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), in duty MOS 11B from 23 May to 19 June 1969 and from 9 August 1969 to...
ARMY | BCMR | CY2010 | 20100028542
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 16 (Terminal Date of Reserve UMT&S Obligation) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show 20 May 1970 instead of 20 May 1971, and item 17c (Date of Entry) to show 21 May 1964 instead of 21 May 1967. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2010 | 20100028544
It states that in order to qualify for the Combat Infantryman Badge a member must meet the following three requirements: be an infantryman satisfactorily performing infantry duties, be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat. Records show the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned...